Father wants son's fatal cycle crash, police chase investigated

Thursday

Jun 26, 2008 at 12:59 PM

James Madigan believes his son would still be alive if police had called off a high-speed pursuit that ended with his 23-year-old son, Sean Madigan, crashing his motorcycle Saturday along Chivers Road in Wayne County, according to a report by the Scranton Times-Tribune.

The crash was so violent that the motorcycle split in two when it hit a tree.

“If they had broken off (the pursuit), he’d be alive,” James Madigan said. “I want a separate investigation of what happened, not one done by the state troopers themselves.”

“One thing the trooper has to ask himself is, ‘Why is this person fleeing?’ ” said Trooper Bill Satkowski, public information officer for state police at Dunmore.

According to the police report, Madigan began driving at speeds around 90 mph when Trooper Christopher Cole began to follow him along Route 191, and did not pull over when the trooper activated his lights and sirens. Police said Madigan was passing vehicles on the east berm and riding between lanes. Trooper Cole lost sight of Mr. Madigan once during the chase but saw him again and was in pursuit when Mr. Madigan hit two trees on Chivers Road and was thrown from his motorcycle, police said. The motorcycle broke into two parts, and Trooper Cole arrived shortly after the crash, police said.

Wayne County Coroner Carole Lienert on Wednesday said Mr. Madigan died from multiple traumatic injuries as a result of the crash, and toxicology tests are pending.

“It’s a tragic situation whenever anyone is killed or injured in a pursuit,” said Jack Lewis, state police press secretary.

Trooper Satkowski said Trooper Cole was dispatched for a report of a motorcyclist driving erratically in the area.

“Every indication at this point is that he acted properly, and it was on videotape,” Trooper Satkowski said of Trooper Cole’s actions.

James Madigan thinks discretion should have played an early part in the police response to the accident.

“I think they should have broken the chase off much further back,” he said, pointing out that his son was not wearing a helmet.

Trooper Satkowski said troopers are not required to stop a pursuit if the driver is not wearing a helmet.

Lewis said the state vehicle code requires every police department in the state to have an “emergency vehicle response policy.” However, they are confidential, likely so motorists do not find ways to thwart pursuits, he said.

Trooper Satkowski said troopers consider many factors during a pursuit — including protecting public safety.

“If speed were the only factor of calling off a pursuit, we wouldn’t be able to ever stop anybody,” he said.

Knowing a license plate number also is not always indicative of who is actually driving the vehicle, the trooper said.

“It’s easier said than done just to look at the license plate and write it down,” Trooper Satkowski said, adding that police also are watching for items being thrown from the vehicle, and where it’s going.

Pursuits are considered on a “case-by-case basis,” Trooper Satkowski said, and the pursuing trooper is always in contact with a supervisor at the police station.

“The bottom line is really officer discretion,” Lewis said.

As for the independent investigation, Lewis said James Madigan would have to make a request to Wayne County District Attorney Michael P. Lehutsky. James Madigan hopes the investigation would help develop guidelines for how police should handle high-speed motorcycle pursuits.